Free case evaluation

Increases in Underage DUIs in Pennsylvania

Posted on September 26th, 2015
The statistics of Underage Drinking arrests have been going up across the country including locally in Chester County and campuses such as West Chester University. This is especially true around the neighborhoods directly surrounding College Campuses.  As most of you may know West Chester is home to our beloved West Chester University Fighting Rams. Go RAMS!!!

Pennsylvania Underage Drinking Laws

In Pennsylvania it is illegal for a minor to possess, transport, or purchase alcohol. The law specifically states, a person commits a summary offense if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages.
In Pennsylvania, A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor’s blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle.  For many people .02% is about 1 beverage or glass of wine.  The issue with this law as the way it was created was the overall purpose behind DUI law was to curb dangerous driving.  Dangerous and Unaware drivers can hurt people and lead to many tragic consequences for all involved.  There is very little evidence to show that a driver who drives a vehicle with a .02% BAC is a danger to anyone.  For those of you who are skeptical of this, someone could get to a .02% by ingesting legal over the counter cough medicine in some cases.
Not is the law itself tough, but the penalties can be extreme as well.  Whenever a person is convicted or is adjudicated delinquent or is admitted to any pre-adjudication program for a violation of section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) shall order the operating privilege of the person suspended.  Once the Department decides to suspend your operating Privileges under this section the length is determined by how many prior offenses you have had.  For a first offense, a period of 90 days from the date of suspension, for a second offense, a period of one year from the date of suspension, and for a third offense, and any offense thereafter, a period of two years from the date of suspension.  In addition to the driving penalty, a person convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for the first violation and not more than $1,000 for the second and each subsequent violation.

Contact an Underage DUI Lawyer for Representation

There are several ways to combat the charges above, but it is important to remember that even if you have been convicted Underage drinking, you record is eligible for expungement after a certain period of time.  If it has been 5 years since the date of your guilty plea for Underage Drinking and you have had no other contact with the criminal justice system you may be eligible for an expungement.  An expungement allows for the removal of charges from your record.
Allow the Philadelphia DUI defense lawyers at Ciccarelli Law Offices to represent you today and use our experience in under age drinking and drunk driving in Chester, Berks, Bucks, Delaware, Lancaster, Montgomery, and Philadelphia Counties to get you the outcome you deserve.  With swift action and the right representation you can ensure that your rights will be protected too.  Reach us today at (610) 692-8700.